LAWS(DLH)-2008-9-229

SNEH LATA GULLIYA Vs. R.K. GUPTA

Decided On September 22, 2008
SNEH LATA GULLIYA Appellant
V/S
R.K. GUPTA Respondents

JUDGEMENT

(1.) THE plaintiff, Ms. Sneh Lata Gulliya, seeks specific performance of purported agreement to sell dated 26th January, 1996 marked Exhibit PW1/1 in respect of flat No. S-2, constructed on plot No. AC 8 (New No. R-8), Nehru Enclave, Kalkaji, New Delhi (hereinafter referred to as the property, for short). The defendants Mr. R.K. Gupta, Ms. Sunita Gupta and M/s R.K. Gupta and Sons (HUF), dispute and deny the agreement to sell Exhibit PW1/1 and have stated that their signatures on the said agreement are forged and fabricated.

(2.) BY order dated 7th December, 2000, the following issues were framed:-

(3.) THE present case is of parties, who were once acquaintance if not friends but have now become foes. The plot in question on which the property exists, was purchased by the plaintiff vide sale deed dated 30th September, 1986. Thereafter, she constructed nine flats on the property and 'sold ' the same to seven different parties while retaining rights in respect of two flats. 'Sales ' were made by executing general power of attorney, agreement to sell, etc.